New Law Could Make It Harder for Americans to Leave the Country

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Mar 29, 2016

New Law Could Make It Harder for Americans to Leave the Country

Posted By
Dean Kantaras

A recent infrastructure spending bill was signed into law with the purpose
of making the country’s roads safer. However, included in the “Fixing
America’s Surface Transportation Act” (FAST Act), was a provision
that doesn’t apply to ground transportation at all, but rather the
ability of American citizens to fly to other countries.

A section of the act titled “Revocation or Denial of Passport in
Case of Certain Tax Delinquencies” allows the IRS to seize the passports
of American citizens who owe more than $50,000 in delinquent tax debts.
This number includes penalties and interest, so even people who currently
owe less than $50,000 could soon find themselves without a passport as
interest builds up.

While the bill has been signed into law, immigration attorneys are not
yet fully informed on how this program will be implemented. The law allows
for the revocation, denial or limitation of passports for anyone with
a large tax debt, but it is not yet known if the IRS actually plans to
cancel or collect the existing passports of those in debt.

One major issue that many have with this law is that it allows for revocation
based solely on the word of the IRS, without any procedure for the passport
holder to challenge their tax debt or the denial of a passport.

This could have major implications for Americans who spend significant
time overseas or who live overseas on visas. It is not yet known whether
people could be forced to return home or whether they might be required
to surrender their passport at a U.S. consulate in a foreign country,
leaving them trapped there.

In addition to making overseas travel difficult or impossible, the law
could have an effect on domestic travelers because federal rules may soon
require passengers from certain states with non-compliant ID programs
to use a federal ID while flying. This could mean that some people with
tax debts could end up unable to fly at all.

If you have questions about passports or visas, contact the Florida immigration
attorneys at the Law Offices of K. Dean Kantaras, P.A.